Commonwealth v. Bing

24 Mass. L. Rptr. 256
CourtMassachusetts Superior Court
DecidedJuly 2, 2008
DocketNo. PLCR200600094
StatusPublished

This text of 24 Mass. L. Rptr. 256 (Commonwealth v. Bing) is published on Counsel Stack Legal Research, covering Massachusetts Superior Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Commonwealth v. Bing, 24 Mass. L. Rptr. 256 (Mass. Ct. App. 2008).

Opinion

Troy, Paul E., J.

This matter comes before the court on the motion of the defendant, James Bing (Bing), to suppress incriminating statements he allegedly made to a police officer while he was being transported by ambulance from Brockton Hospital to Brigham and Women’s Hospital in Boston. Bing argues that the statements should be suppressed because they were taken in violation of Miranda v. Arizona, 384 U.S. 436 (1966), and the Fifth Amendment of the United States Constitution. For the reasons discussed below, the defendant’s motion is DENIED.

FINDINGS OF FACT

The following findings of fact are based on the evidence adduced at the defendant’s motion to suppress hearing, and the reasonable inferences drawn from that evidence.

In the early morning hours of January 19, 2006, Sergeant Richard Warmington (“Sgt. Warmington”) received a telephone call at his home informing him that a stabbing had taken place at “Our Place,” a bar in Bridgewater, Massachusetts. Sgt. Warmington was further advised that there were at least three people involved in the incident, that one of the individuals had been stabbed and taken to the Brockton Hospital for medical treatment, that the two other individuals were at a local Cumberland Farms store, and that one of the two individuals at the Cumberland Farms was also injured.

After receiving the call, Sgt. Warmington went to the Brockton Hospital. When he arrived, he learned that the person who had been stabbed — Jody Martyniak (Martyniak) — had died. He also learned that an individual — later identified as Bing — had cut his hand and was in a treatment room. At this time, Bing was not a suspect and Sgt. Warmington did not know if Bing was one of the individuals involved in the incident at Our Place. Sgt. Warmington entered Bing’s treatment room; he was not in uniform. Bing was seated on a hospital bed. His right hand was heavily bandaged. A nurse was with him. The nurse told Sgt. Warmington that Bing had received .2 milliliters of morphine at 3:05 a.m. and that she was going to give him .4 milliliters more. Sgt. Warmington was further advised that Bing was going to be transported to the Brigham and Women’s Hospital in Boston. Sgt. Warmington did not know the extent of the injuries to Bing’s hand, although he knew that it must be serious if he was going to be taken to Brigham and Women’s Hospital.

Sgt. Warmington asked Bing if he was in school. Bing stated that he was a Bridgewater State College student studying journalism. He did not appear to be under the influence of either alcohol or drugs. Further, when Sgt. Warmington asked him if he had taken any alcohol or drugs, he stated that he had not had any that morning or the evening before. Sgt. Warmington asked him if the morphine was affecting him and he said it was not. He appeared matter of fact and was not showing signs of pain. He did not mention pain to Sgt. Warmington. Throughout this interaction, Sgt. Warmington found Bing to be lucid and did not have trouble understanding him.

At approximately 3:40 a.m., Sgt. Warmington orally advised Bing of his Miranda rights. Sgt. Warmington then handed Bing a Miranda rights waiver form and asked him to read it and to tell him when he was finished. The form sets forth a suspect’s rights under Miranda. Below the explanation of rights, the form states, “I understand each of these rights and, having those rights in mind, waive them voluntarily and wish to make a statement.” Below this, there is a signature line for the suspect, a line for the date and time of the waiver, and a signature line for a witness. Bing read the form for about thirty to sixly seconds and told Sgt. Warmington that he had read it and he understood it. Bing then signed the form on the signature line provided at the bottom of the page, indicating that he understood his rights and intended to waive them, and intended to make a statement.1

Sgt. Warmington also gave Bing a “Massachusetts State Police Interview Electronic Recording” form. This form states that the police will electronically record the interview unless the suspect refuses to be recorded. It also states that if the suspect refuses to be recorded, he can request that the police begin recording at any [257]*257point during the interview. Below these statements, there are two lines that can be initialed or checked by the suspect. Next to the first line, the form states, “I agree to have my interview electronically recorded.” Next to the second line, the form states, “I decline to have my interview recorded. I understand that my interview will be recorded if, at any time, I request that it be recorded.” Below these lines there are three separate signature lines: one for the suspect and two lines for witnesses. Bing stated that he did not want to record the interview, made an “X” next to the line stating that he declined to have his interview recorded, and signed on the signature line provided below. Sgt. Warmington and another officer signed on the signature lines provided for witnesses. Bing and the officers also dated the form and indicated the time at which it was signed.2

Shortly after Bing signed the Miranda waiver and the electronic recording form, the ambulance arrived to take Bing to the Brigham and Women’s Hospital and thus the interview, which had lasted approximately five to seven minutes, ended. Bing was not a suspect at the time and Sgt. Warmington did not feel that he had probable cause to arrest him, as he did not have any information as to Bing’s involvement in the earlier altercation.

Before the ambulance left, at approximately 4:30 a.m., Trooper Anna Brooks (Trooper Brooks) arrived at the Brockton Hospital: she was dressed in civilian clothes. She had received a telephone call at home at about 4:00 a.m. from Captain Mason. Captain Mason apprised her of the incident at Our Place, informing her that three people had been involved in a fight in a parking lot at the bar, that one individual— Martyniak — was dead, that one — Bing—was injured, and that the third individual was currently at the Bridgewater Police Station. Captain Mason further informed Trooper Brooks of Bing’s location at Brockton Hospital, stated that Bing was going to be transferred to a Boston hospital shortly, and asked Trooper Brooks to go to Brockton Hospital.

When Trooper Brooks arrived at the hospital, she spoke with Sgt. Warmington, who gave her the electronic recording form and the Miranda waiver that Bing had signed. Sgt. Warmington told Trooper Brooks that the ambulance was waiting for Bing, that he had advised Bing of his rights, and that Bing did not want the interview recorded, but was willing to speak with police. Additionally, Sgt. Warmington told Trooper Brooks that Bing had been given morphine, but did not inform her of the amount he had received. Trooper Brooks also knew that Bing was going for surgery. She had no other information regarding the fight or whether there were witnesses at this time, did not know that a knife had been seized, and did not believe that Bing was a murder suspect; as far a she knew, he was a victim. Sgt. Warmington then collected Bing’s clothes, as well as Martyniak’s, and left the hospital.

After Sgt. Warmington’s departure, Trooper Brooks got into the ambulance with Bing and an EMT. She did not ask Bing’s permission to ride in the ambulance with him but asked him if he still wanted to speak with her. He answered that he did. They were in a standard box-type ambulance. It was dimly lit inside.

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Bluebook (online)
24 Mass. L. Rptr. 256, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-bing-masssuperct-2008.